BILL NUMBER: AB 1346	CHAPTERED  09/23/00

	CHAPTER   571
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 22, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   MAY 25, 2000
	AMENDED IN ASSEMBLY   JANUARY 14, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000

INTRODUCED BY   Assembly Member Runner
   (Coauthors:  Assembly Members Cardoza, Lempert, Lowenthal,
Pescetti, Reyes, Scott, and Zettel)
   (Coauthor:  Senator McPherson)

                        FEBRUARY 26, 1999

   An act to amend Sections 68074 and 68075 of, and to repeal
Sections 68074.1 and 68075.1 of, the Education Code, relating to
public postsecondary education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1346, Runner.  Public postsecondary education:  resident
classification.
   (1) Existing law establishes uniform student residency
requirements for purposes of ascertaining the amount of fees to be
paid by students.  Existing law entitles a student who is a natural
or adopted child, stepchild, or spouse who is a dependent of a member
of the armed forces of the United States stationed in this state on
active duty to resident classification at the California Community
Colleges until he or she has resided in the state the minimum time
necessary to become a resident.  Existing law entitles these students
to resident classification at the California State University
indefinitely.
   Existing law also entitles a student who is a member of the armed
forces of the United States stationed in this state on active duty,
except a member of the armed forces assigned for educational purposes
to a state-supported institution of higher education, to resident
classification at the California State University until he or she has
resided in the state the minimum time necessary to become a
resident.  Existing law also entitles these students to resident
classification at any California community college campus.
   This bill would entitle undergraduate students in these categories
to resident classification, for the purposes of determining the
amount of tuition and fees, indefinitely by deleting the requirement
that these exceptions continue only until the student has resided in
the state the minimum time necessary to become a resident.  As to
students in these categories seeking graduate degrees, the bill would
entitle them to resident classification, for the purposes of
determining the amount of tuition and fees, for no more than one
academic year, as prescribed.  To the extent that the bill would
require community college districts to change their practices with
respect to determining residency, the bill would impose a
state-mandated local program. The bill would also make related
changes.
   The bill would request the Regents of the University of California
to establish the same residency requirements as those established by
this bill for students enrolled at the University of California.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   The bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 68074 of the Education Code is amended to read:

   68074.  (a) (1) An undergraduate student who is a natural or
adopted child, stepchild, or spouse who is a dependent of a member of
the armed forces of the United States stationed in this state on
active duty shall be entitled to resident classification only for the
purpose of determining the amount of tuition and fees.
   (2) A student seeking a graduate degree who is a natural or
adopted child, stepchild, or spouse who is a dependent of a member of
the armed forces of the United States stationed in this state on
active duty shall be entitled to resident classification only for the
purpose of determining the amount of tuition and fees for no more
than one academic year, and shall thereafter be subject to Article 5
(commencing with Section 68060).
   (b) If that member of the armed forces of the United States, whose
dependent natural or adopted child, stepchild, or spouse is in
attendance at an institution, (1) is thereafter transferred on
military orders to a place outside this state where the member
continues to serve in the armed forces of the United States, or (2)
is thereafter retired as an active member of the armed forces of the
United States, the student dependent shall not lose his or her
resident classification until he or she has resided in the state the
minimum time necessary to become a resident.
  SEC. 2.  Section 68074.1 of the Education Code is repealed.
  SEC. 3.  Section 68075 of the Education Code is amended to read:
   68075.  (a) An undergraduate student who is a member of the armed
forces of the United States stationed in this state on active duty,
except a member of the armed forces assigned for educational purposes
to a state-supported institution of higher education, is entitled to
resident classification only for the purpose of determining the
amount of tuition and fees.
   (b) A student seeking a graduate degree who is a member of the
armed forces of the United States stationed in this state on active
duty, except a member of the armed forces assigned for educational
purposes to a state-supported institution of higher education, shall
be entitled to resident classification only for the purpose of
determining the amount of tuition and fees for no more than one
academic year, and shall thereafter be subject to Article 5
(commencing with Section 68060).
  SEC. 4.  Section 68075.1 of the Education Code is repealed.
  SEC. 5.  The Legislature hereby requests the Regents of the
University of California to establish the same residency
classifications for students enrolled at the University of California
as those enacted by this act.
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
